Course Title: Probate and Administration

Part A: Course Overview

Course ID: 018359

Program: C6070

Course Title: Probate and Administration

Portfolio: BUS

Nominal Hours: 51.0

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Course Code	Campus	Career	School	Learning Mode	Teaching Period(s)
LAW5049	City Campus	TAFE	650T TAFE Business	Face-to-Face

Course Contact: Paul Ryan

Course Contact Phone: +61 3 9925 5466

Course Contact Email: paul.ryan@rmit.edu.au

Course Description

This module covers wills, caveats and contesting the validity of a will, the Family Provisions, intestate estates, duties of executors, trustees and bankers and obtaining a grant of probate or letters of administration.

Pre-requisite Courses and Assumed Knowledge and Capabilities

LAW5040 Legal Process [VBM898]

National Competency Codes and Titles

VBM906

Probate And Administration

Learning Outcomes

1. Evaluate and outline the procedure for drafting wills and identify the possible objections to the validity of wills and codicils, and apply to a relevant case study.
2. Analyse the specialised nature, form and effect of a caveat in the Probate jurisdiction of the Supreme Court, and apply to a relevant case study.
3. Identify and analyse situations giving rise to family provision claims (formerly under the Testators family maintenance provisions) and employ the legal procedures necessary to make a claim for inadequate provision by a person for whom the deceased had a responsibility to make provision.
4. Demonstrate how the law relating to the distribution of intestate estates, can be applied to a relevant case study.
5. Investigate and assess the powers, duties, and obligations of Executors and Trustees in relation to the administration of deceased estates, and demonstrate in a relevant case study.
6. Produce and employ completed documentation and procedures to obtain Probate of a will or Letters of Administration, and ascertain the power that ‘Probate’ or ‘Administration’ gives an executor or Administrator.

Overview of Assessment

Assessment will consist of assignments (three client files), a moot court and a written test.